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HomeMy WebLinkAboutOrdinance 397 CERTIFICATION I, Marcia McClure Torgerson, City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct original of Ordinance No. 397 adopted by the Atascadero City Council at a regular meeting thereof held on May 28, 2002, and that it has been duly published pursuant to State Law. DATED: Marcia McClure Torgerson City Clerk City of Atascadero, California ORDINANCE NO. 397 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING TITLE 7, PUBLIC WORKS, CHAPTER 15, ENCROACHMENT ON PUBLIC PROPERTY OF THE ATASCADERO MUNICIPAL CODE, RELATING TO RESIDENTS REPAIRING ROADS The City Council hereby finds and declares as follows: Whereas,the City of Atascadero has non-City maintained roads,unpaved roads and road in need of minor repair; Whereas,residents have requested to perform minor maintenance on their road without a contractors license. This work generally includes smoothing rough dirt roads,filling potholes,corner widening and bush clearing; Whereas, The Atascadero Municipal Code Title 7 Public Works, Chapter 15 Encroachment on Public Property, Section 205(b) Standard Conditions does not allow non-licensed residences to work in the right-of-way; Whereas, residence work in the right-of-way will help the circulation system; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: ORDINANCE The current text for section 7-15.205 (b)"Standard Conditions"of the Atascadero Municipal Code is deleted and replaced as follows: All work under the permit shall be performed by a contractor who possesses a current Class A general engineering contractor's license in the State of California except per section 7- 15.206 "Residence work in the right-of-way". Article 7-15.206 "Residence work in the right-of-way" shall be added as follows: The City Engineer may allow a resident on a street to perform minor work in the right-of-way without a contractor license. Minor work is defined as pothole filling,smoothing dirt roads, minor grading, bush clearing and other work approved by the City Engineer. An encroachment permit with a fee is required. The fee will cover the cost of the permit and inspection. A plan detailing the proposed work,the schedule of the work and the proposed traffic control method(s) shall be submitted with the encroachment permit. The applicant shall sign a hold harmless agreement and a release of liability in a form approved by the City City of Atascadero Ordinance No.397 Page 2 Attorney. The City Engineer may deny the permit if the work is not in the best interest of circulation or the residences or if the safety of the workers or traveling public is a risk. INTRODUCED at a regular meeting of the City Council held on May 14, 2002, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on May 28, 2002 by the following roll call vote: AYES: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide NOES: None ABSTAIN: None ABSENT: None ADOPTED: May 28, 2002 ATTEST: CITY OF ATASCADERO in 'n Marcia McClure Torgerson, City Cl k Michael Arrambide, Mayor APPROVED AS TO FORM: Ro V. Hanley, City Ittorney